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President's Report
State of the Arkansas Bar Association:
Looking Forward
by Thomas A. Daily

     Often this space affords an incoming president opportunity to announce new and exciting initiatives designed to improve the administration of justice or to enhance the quality, dignity or diversity of the profession. This is not that. We have more pressing things, at least at this moment, than new projects. We must finish business started and insure the Association's future. Please consider this page to be sort of state-of-the Bar-Association message.
     In the last few years, under the able leadership of recent past presidents, we have accomplished much. We successfully co-drafted and co sponsored Amendment 80 to the Arkansas Constitution, providing the framework for an efficient, modern three-tiered court system for our state. At the same time we significantly amended the Association's own constitution and bylaws, creating a workable governance structure, with appropriate division of authority between the Association's Board of Governors and its House of Delegates. We have also reformed the Association's once myriad sections, committees and task forces to the extent that we are truly a model for voluntary bar associations nationally.
     We have revised our dues structure to provide the option for members' cost of membership to be related to their income from law practice and, thus, their ability to pay. We have formed and nurtured the Arkansas Bar Commission on Diversity (ABCD) to explore and enhance opportunities for women and minority lawyers and, at the same time, enhance the entire profession by making it more representative, demographically, of our communities. To date ABCD has successfully sponsored both a diversity seminar with nationally important presenters, and a job fair. Those baby steps, will be followed by others, for as long as it takes, because diversity is a goal of ours for the long term.
     Though proud of our accomplishments, we acknowledge that none are completely finished. We continue to work with the courts and the Legislature to finish implementing Amendment 80. This year we will draft and present to the membership additional minor amendments to our constitution and bylaws to make our organizational structure even better. One of those will authorize the House of Delegates to endorse proposed amendments to the United States and Arkansas constitutions, thus making it possible for the Association to react to and effectively weigh in upon such issues as a liberalization of legislative term limits, in a timely manner. We will continue to review our committees with an eye toward combining any whose work have become duplicative. We will also look for ways to help each of our sections become and remain self supporting, self governing subsets of the Association, each fulfilling its mission to produce CLE seminars, publications or both on a regular basis.
     Our most recent accomplishment is the ultimate member benefit, Arkansas VersusLaw. We are now live online, providing each of you with a vast law library, accessible twenty-four hours a day, every day of the year, from any personal computer with an internet connection. Arkansas VersusLaw is clearly the finest legal research benefit provided by any association of lawyers in the world. Today, with a single search, you can simultaneously find all of the pertinent authority contained within the Arkansas Constitution, Code and court rules, decisions of Arkansas' appellate courts going back to 1900, Arkansas' Attorney General opinions, every decision of the Eighth Federal Circuit and recent decisions of Arkansas Federal District Courts, all with official citations and pagination. Other included databases provide the cases and statutes of the remaining forty nine states and a complete federal appellate court library. All this has a market value of hundreds, if not thousands of dollars per year to each of us. Yet, its cost is included within our modest Association dues. We will continue to improve this anchor member benefit with additional Arkansas-specific content. More importantly, we will help our members become masters of the computer technology needed to effectively use it.
     Recently, in response to the need for effective advocacy before the least experienced legislature in recent Arkansas history, we chose to employ a full-time lobbyist to help achieve fair legislative treatment of attorneys, judges and judicial institutions, and avoid unwarranted and ill advised alterations to the substantive law of our state. I am proud of the fine work done by that legislative advocate, past president Jack McNulty, and by the Association's Legislation Committee, chaired so ably by Charles Schlumberger. Despite the fact that the session was dominated by the hopelessly divisive issue which bears the misleading label "tort reform," we were effective in accomplishing what we set out to accomplish. The Legislature enacted our entire package of sponsored legislation. Even more important, most members of the General Assembly now trust and respect the Arkansas Bar Association and recognize that we are selfless protectors of the rule of law, good law, that is.
     I have saved our biggest challenge for last. It is no secret that the Arkansas Bar Center, completed in 1973, has reached a crossroads. That building belongs to our sister organization, the Arkansas Bar Foundation. The Association leases its office space from the Foundation. The lease provided for fair market rental for the space which the Association occupies, but that rental was established many years ago. The University of Arkansas, which has leased the building's north tower since its completion, and currently pays 100% of the entire building's utility and security expenses, has no more need to do so. That arrangement lasts only through this November. The Foundation and Association are actively exploring alternatives. At this point no option is off the table.
     I love the Arkansas Bar Center. I often pause in its memorial area where my own father and grandfather are honored. I can not, however, close my mind to the possibility that we may need to move on. At this point we just do not know. What we do know is that any office space, within or without our Bar Center, will cost significantly more than we are accustomed.
     Here is the bottom line. Arkansas VersusLaw is not free to the Association, but it is an incredible bargain for all of us. Our expanded legislative advocacy is more expensive than its less effective alternative, but we rightly rejected that alternative. We have to provide for the cost of the Association's office space in today's market. In other words, we must have additional revenue. We will look for that revenue everywhere it might be found. At the same time we will tighten our belts in those rare areas where there might be another notch (there are few of those).
     One likely source of new revenue is additional members. We have good reason to project that Arkansas VersusLaw will help us grow the Association membership above the benchmark of 5,000 and then retain those members.
     Ultimately, though, we will almost certainly propose the first dues increase in ten years. I am confident that you will support your leadership as we thus strive to secure the future of our Arkansas Bar Association.•

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